SURINDER PAL SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) THIS order will dispose of FAO No. 707 of 2001 titled as Surinder Pal Singh v. Paramjit Kaur and others and FAO No. 708 of 2001 titled as Surinder Pal Singh v. Charanjit Kaur and others.

(2.) THESE two appeals have been filed against the award dated 24.5.2000 passed by the Motor Accident Claims Tribunal (for short the "Tribunal"), Fatehgarh Sahib, vide which claim petitions filed by the claimants have been allowed.

(3.) IN the present case no evidence was led by the Insurance Company to show that the owner was negligent and had not taken reasonable care to find out whether the driving licence of the driver was fake or otherwise. As a matter of fact, ample evidence was produced on record to show that the licence was rightly renewed by the Registering Authority. Thus, it would be seen that in the case in hand the owner had satisfied himself that the driver had a licence and was driving competently. In view of this, there was no reason for the learned Tribunal to absolve the Insurance Company of the liability. Accordingly, these appeals are allowed and findings recorded on issue No. 3 by the learned Tribunal are reversed. It is held that the Insurance Company would be liable to pay the compensation awarded to the claimants and the liability is held to be joint and several, between, owner, driver and the Insurance Company. Appeals allowed.